S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3962
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A. DINOWITZ, KAVANAGH, JAFFEE, BUCHWALD, OTIS --
   Multi-Sponsored by -- M. of  A.  COLTON,  GLICK,  GOTTFRIED,  GUNTHER,
   PERRY -- read once and referred to the Committee on Election Law
 
 AN  ACT  to amend the election law, in relation to designating the state
   and city universities of New York as participating agencies for  voter
   registration  form  distribution  and assistance, and permitting inde-
   pendent institutions of higher education to do the same upon request
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of section 5-211 of the election law,
 as  amended  by  chapter  265 of the laws of 2013, is amended to read as
 follows:
   Each agency designated as a participating agency under the  provisions
 of this section shall implement and administer a program of distribution
 of  voter registration forms pursuant to the provisions of this section.
 The following offices which provide  public  assistance  and/or  provide
 state funded programs primarily engaged in providing services to persons
 with  disabilities are hereby designated as voter registration agencies:
 designated as the state agencies which provide public assistance are the
 office of children and family services,  the  office  of  temporary  and
 disability  assistance  and the department of health. Also designated as
 public assistance agencies are all agencies  of  local  government  that
 provide  such  assistance.  Designated  as  state  agencies that provide
 programs primarily engaged in providing services to people with disabil-
 ities are the department of labor, office for  the  aging,  division  of
 veterans'  affairs,  office  of  mental health, office of vocational and
 educational services for individuals with  disabilities,  commission  on
 quality of care for the mentally disabled, office [of mental retardation
 and]  FOR  PEOPLE  WITH  developmental  disabilities, commission for the
 blind, office of alcoholism and substance abuse services, the office  of
 the  advocate for the disabled and all offices which administer programs
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03430-01-7

 A. 3962                             2
 
 established or funded by such agencies. Additional [state] PARTICIPATING
 agencies designated as voter registration offices are the department  of
 state  [and],  the  [division]  DISTRICT OFFICES of THE workers' compen-
 sation  BOARD  AND  ALL INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK
 AND THE CITY UNIVERSITY OF NEW YORK; AND ANY DEGREE-GRANTING INSTITUTION
 OF HIGHER EDUCATION DESCRIBED  IN  ARTICLES  ONE  HUNDRED  FIFTEEN,  ONE
 HUNDRED TWENTY-ONE, ONE HUNDRED TWENTY-THREE, ONE HUNDRED TWENTY-SIX AND
 ONE  HUNDRED  TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW WHICH ELECTS
 TO BE A PARTICIPATING AGENCY BY FILING WITH THE STATE BOARD OF ELECTIONS
 A NOTICE IN WHICH IT MAKES AN ELECTION. Such agencies shall be  required
 to  offer  voter  registration forms to persons upon initial application
 for services, FOR PARTICIPATION IN ACTIVITIES OR FOR USE OF  FACILITIES,
 AND  UPON  renewal  or  recertification  for services and UPON change of
 address relating to such services, PARTICIPATION IN ACTIVITIES OR USE OF
 FACILITIES OF THE AGENCY. Such agencies shall also  be  responsible  for
 providing  assistance  to  applicants  in  completing voter registration
 forms, receiving and transmitting the completed  application  form  from
 all applicants who wish to have such form transmitted to the appropriate
 board  of  elections.  The state board of elections shall, together with
 representatives of the UNITED STATES department of defense, develop  and
 implement  procedures  for  including  recruitment  offices of the armed
 forces of the United States as  voter  registration  offices  when  such
 offices  are  so designated by federal law. The state board OF ELECTIONS
 shall also make request of the United States [Immigration and  Naturali-
 zation Service] CITIZENSHIP AND IMMIGRATION SERVICES to include applica-
 tions for registration by mail with any materials which are given to new
 citizens.  All  institutions of the state university of New York and the
 city university of New York, shall, at the beginning of the school year,
 and again in January of a year in which  the  president  of  the  United
 States  is  to be elected, provide an application for VOTER registration
 to each student in each such institution. The state board  of  elections
 may,  by  regulation, grant a waiver from any or all of the requirements
 of this section to any office or program of an agency, if it  determines
 that  it  is  not feasible for such office or program to administer such
 requirement.
   § 2. Subdivision 4 of section 5-211 of the election law, as  added  by
 chapter 659 of the laws of 1994, is amended to read as follows:
   4.  Each participating agency shall provide to each applicant who does
 not decline to register to vote  the  same  degree  of  assistance  with
 regard  to  the  completion  of  the registration application form as is
 provided by the agency with regard to the completion  of  its  own  form
 unless  the  applicant  refuses such assistance. ALL INSTITUTIONS OF THE
 STATE UNIVERSITY OF NEW YORK AND  ALL  DEGREE-GRANTING  INSTITUTIONS  OF
 HIGHER  EDUCATION DESCRIBED IN ARTICLES ONE HUNDRED FIFTEEN, ONE HUNDRED
 TWENTY-ONE, ONE HUNDRED TWENTY-THREE, ONE  HUNDRED  TWENTY-SIX  AND  ONE
 HUNDRED TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW WHICH HAVE ELECTED
 TO  BE  PARTICIPATING AGENCIES PURSUANT TO THE OPENING PARAGRAPH OF THIS
 SECTION SHALL ALSO PROVIDE SUCH LEVEL OF ASSISTANCE TO EACH  PERSON  WHO
 WISHES TO COMPLETE AN APPLICATION FOR AN ABSENTEE BALLOT.
   §  3.  The  opening paragraph of subdivision 8 of section 5-211 of the
 election law, as amended by chapter 659 of the laws of 1994, is  amended
 to read as follows:
   Each  participating  agency, department, division or office that makes
 available voter registration forms OR ABSENTEE BALLOT  APPLICATIONS,  OR
 BOTH, pursuant to this section shall offer with each application for the
 services or assistance, PARTICIPATION IN ACTIVITIES OR USE OF FACILITIES

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 of  such  agency, department, division or office and with each recertif-
 ication, renewal or change of address form relating to such  service  or
 assistance,  PARTICIPATION  IN ACTIVITIES OR USE OF FACILITIES, a regis-
 tration  form  together  with  instructions  relating  to eligibility to
 register and for completing the form  except  that  forms  used  by  the
 department of [social services] FAMILY ASSISTANCE for the initial appli-
 cation  for services, renewal or recertification for services and change
 of address relating to such  services  shall  physically  incorporate  a
 voter  registration  application  in  a  fashion  that permits the voter
 registration portion of the agency form to be  detached  therefrom.  ALL
 INSTITUTIONS OF THE STATE UNIVERSITY OF NEW YORK AND ALL DEGREE-GRANTING
 INSTITUTIONS  OF  HIGHER  EDUCATION  DESCRIBED  IN  ARTICLES ONE HUNDRED
 FIFTEEN, ONE HUNDRED TWENTY-ONE, ONE HUNDRED TWENTY-THREE,  ONE  HUNDRED
 TWENTY-SIX AND ONE HUNDRED TWENTY-NINE OF TITLE VII OF THE EDUCATION LAW
 WHICH  HAVE ELECTED TO BE PARTICIPATING AGENCIES PURSUANT TO THE OPENING
 PARAGRAPH OF THIS SECTION SHALL ALSO OFFER EACH SUCH APPLICANT AN APPLI-
 CATION FOR AN ABSENTEE BALLOT. Such voter registration application shall
 be designed so as to ensure the confidentiality of  the  source  of  the
 application.  Included  on  each  participating agency's application for
 services or assistance or on a separate form shall be:
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law, provided however, that effective  immediate-
 ly,  the  addition,  amendment and/or repeal of any rules or regulations
 necessary for the implementation of this act on its effective  date  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.